THE PUNJAB STATE TUBE-WELL ACT, 1954

1984: Ph, Act XXI] STATE TURRAWELE 7 THE PUNJAB STATE TUBE-WELL ACT, 1984. TABLE OF CONTENTS Short title, extent and commencement, Definitions. Application of the Act. Application of Act VIIT of 1873 to State Tube-well. © Scanned with OKEN Scanner 1954 : Pb. Act XXIT] STATE TUBE-WELL 319 ITHE PUNJAB STATE TUBE-WELL ACT, 1954, PUNJAB ACT XXI OF 1954, [Received the assent of the Governor of Punjab on the 10th May, 1954 ; and first published in the Punjab Government Gazette (Extraordinary) of 15th May, 1954.] Year | No. Short title Whether affected by later legislation ow — - 1954 | XXI | The Punjab State Extended tothe territories which, immedia- Tube-well Act, 1954} tely before the lst November, 1956, were comprised in the Stateof Patiala and East Pune States Union by Punjab Act No. 5 a of 1957.3 Amended by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968. An Act to provide for the constructon, improvement and maintenance of State Tube-well Irrigation Works in Punjab. It is hereby enacted as follows :— 1. (1) This Act may be called the Punjab State Short wh. ve and commence- Tube-well Act, 1954. ment. (2) It extends to such local areas in [Union Territory of Chandigarh] as the Government may from time to time by notification in the official Gazette direct. he (3) It shall come into force on such date as t Government may by notification in the official Gazette irect. — ae 1For Statement of Objects and Reasons, see Punjab Governme traordinary), 1954, page 144. 4For Statement of Objects and Reasons, see Punjab Government Gazette (Ex- traordinary), 1957, page 339. | nisation (Chandigarh) i jab”? jab Reorga *Substitutedfor the word‘*Punjab”’ by the Punjab (Adaptation of Laws a State and Concurrent Subjects) Order, 1968. -_ eee nt Gazette (Ex- © Scanned with OKEN Scanner Application of the Act. “= 320 STATE TURR-WRLL [1954 ; Ph. Act ‘ i Xj Definitions 2. In this Act, unless there be something repy in the subject or context :— BNany (a) “Government” means the [Centr al Go ment]; Vern. (4) “Prescribed” means Prescribed by rules ip under this Act; ade (c) “State Tube-well”’ means a tube-we]] hither constructed, maintained OF Controlled Mo : OF w Ich may be hereafie: Constructed, Maintaineg controlled by the Government, and include all mechanical and electrical appliances, tole and structures appertaining to. it and necessa for the abstraction of water from it : 'y (d) “Tube-well” means any device for lifting wate, . from below the surface of the fround by mecha. nical means operated otherwise than by human or animal power (e) “Underground Water” means water under the Surface of earth regardless of the £eologic Structure in which it is Standing or moving, but it does not include water flowing in artificjal underground streams. ., 3 The Government may by notification in the Officia] Gazette, declare that any tract of land is a lract to which this Act will apply with effect from a day to be named in the notification, not being earlier than three months from the date thereof. Application of Act VIII of 1873 4. In respect of any State Tube-well the provisions Opiate Tube. of the Northern India Canal and Drainage Act, 1873 (VIIT of 1873) (hereinafter referred to as the said. Act) shall be deemed to apply in like manner as if such State ube-wells Were a Canal within the meaning of the Said Act, except the provisions of section 1, clause (4) ection 3, section 5, and Parts VI and VEIT of the eat Cl? ED-r o — 1Substituted for the words “‘State Government?’ by the Punjab. Reorganisaly andigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, © Scanned with OKEN Scanner ovided 195 caid Acts (1) (2) (3) 4: Pb. Act XX1] STATE TUBE-*WELL 421 that for the purpose of such applicati ) ‘ é catt hall be subject to the following en fan gas In section 6 of the said Act for the words ‘so named” the words ‘‘named in a notification under section 3 of the Punjab State Tube-well Act, 1954” shall be decmed to be substituted and for the words ‘such application or use of the said water” the words “the application oruse of underground water for the purpose of a State Tube-well’’ shall be deemed to be sub- siituted. In section 8 of the said Act clauses (a) and (c) and the reference thereto in clause (i), shall be deemed to be omitted, in clause (g) for the words “through any natural channel which has been used for purposes of irrigation” the words “In any well which has been used” shall be deemed to be substituted and in the last para- graph for the words and brackets “clause (a), (b) and (c)”” {he word and brackets ‘clause (b)” shall be deemed to be ‘substituted. In section 32 of the said Act :—: (i) in sub-clause (J) of clause (a) the words ‘‘and (ii) clause (d) shall be deemed to be 0 (4) In section 68 of us sanction of the Central with the previo hall be deemed to be Government” 5 omitted. mitted. the said Act, for words “Such Officer shall thereupon give notice” the words “On receipt of such application OF f the Divisional Cahal when in the opimion 0 Divi Officer any such difference 18 likely to arise he shall give notice” shall be deemed to be substituted. 0 of the said Act, 5 section 7 (5) In clause (2) of e construction of a the words « except by th tube-well”’ shall be deemed to be inserted be- «interferes”, and clause (0) to fore the word “In hall be deemed to (9) of the said section sha omitted- A © Scanned with OKEN Scanner